An Introduction to the Philosophy of Law, Roscoe Pound [beach read book txt] 📗

77
definition of in the Institutes 77
executive 137
idea of 65
without law 102, 113

Justinian, Institutes of 77-78


Kant 84, 202, 219, 260
theory of contract 260-261
theory of property 210-214

Kenyon, Lord 47

Kin organization 74


Laesio enormis 274

Langdell, C. C. 259

Law, adjustment with administration 137
and morals 27, 30, 41, 111, 112
application of 100 ff.
as an aggregate of rules 110
as a body of agreements 63
as a body of commands 64
as a body of divinely ordained rules 60
as a keeping of the peace 72-74
as a reflection of divine reason 63
as a system of principles 62, 66
as custom 61, 62
as declaratory of economic or social laws 67-68
as precepts discovered by experience 65
as recorded traditional wisdom 61
as restraint on liberty 60
as rules imposed by dominant class 66
as standing between the individual and society 53
as unfolding an idea of right 65
basis of authority of 19, 23-24, 27, 28-29, 38, 69-72
Byzantine theory of 110
distinguished from rules of law 24
elements of 115-116
end of 35-36, 59 ff.
effectiveness of 193
finding 100, 104-105
forms of 27-28
government of 136
historical theory of 65, 68
how far made 107-108
idea of self-sufficiency of 17, 67
judge made 35
jurist made 35
maturity of 48, 59, 102
merchant 155, 271, 275
nature of 59, 91, 111
nature of theories of 68-69
political theory of 68
restatement of the 282
science of 101
soft spots in the 282
theories of the nature of 60-68

Law making, judicial 105
presuppositions of 59

Legal standards 51, 114, 116-120, 129, 141

Legal transactions 153
bonae fidei 248
categories of 247
formal 249
stricti iuris 248

Lending 150

Letters of credit 275, 276-277

Lex 31

Lex Aquilia 159

Liability, absolute 179
act as basis of 158, 182
analytical theory of 152-153
as corollary of fault 163-164, 166, 168, 181, 187, 283-284
basis of delictal 177
delictal 163, 167-169
elements of 162-163
employer's 163
fault as basis of 160, 163-164, 167
for cattle going on vacant lands 180-181
for injury by animal 163, 164, 180
for injury by child 159
for injury by minor 162
for injury by a res ruinosa 162
for injury by slave 159
for intentional harm 168
for negligence 175, 180
for non-restraint of agencies 176
for tort, basis of 167
for tort, common-law theory of 168-169
for trespassing cattle 180
for unintended non-culpable harm 168
for unintentional culpable harm 168
for vicious animals 182, 186
from culpability 184
from legal transactions 187
fundamentals of 174
historical anomalies in 166, 179, 186
in French law 161-164
intention as basis of 157, 160
justifiable reliance as basis of 189
meaning of 147
natural sources of 156
noxal 159
of carrier 186
of innkeeper 159, 160, 186
of master of ship 159, 160
of stable keeper 159, 160
on "implied" terms of transaction 170
philosophical theories of 193-194
primitive grounds of 149-151
quasi-contractual 156
quasi-delictal 156
relational 186-188
to make restitution 187
theories of 148
will-theory of 157, 177, 179, 189
without fault 156, 162, 166, 177, 179

Liberty 84-85
idea of 65, 267
idea of as source of liability 157
law and 60

Locke, John 208

Lorimer, James 218

Louis IX 128


Magistrate, power of 112

Maine, Sir Henry 208

Mala prohibita 26

Mandate 272

Mansfield, Lord 47, 260, 262, 273

Manu 60

Maturity of law 48, 59, 102

Maxims 34

Metaphysical jurists 92

Metus 159

Middle Ages, conception of end of law in 78-80
idea of law in 77-81
juristic need in 36

Miller, W. G. 216-217

Mining customs 195
law 201, 222

Minos (pseudo-Platonic dialogue) 24

Mosaic law 60

Mutuum 249


Narada 244

Nationalism in law 39

Natural, meaning of in philosophy of law 31-32

Natural law 25, 31, 35, 40, 41, 45-52, 55, 154, 166, 209, 253, 278, 280
American variant of 50
as a theory of growth 33-34
as deduced from "a free government" 52
as ideal critique 52
economic 205
theory of 42

Natural obligation 250

Natural reason 202

Natural rights 15, 42-43, 55, 83, 92-93, 146, 204, 205
historical-metaphysical theory of 52
theories of 44-45
to produce of labor 209

Nature, meaning of in Greek philosophy 31-32
state of 45

Necessary distinctions 172, 174

Negative community 207

Negligence 119-120, 165, 168, 177, 179, 270, 280
fiction of 179, 180
in speaking 280, 281
per se 179

Neo-Hegelians 94, 98

Neo-Kantians 93, 98

New York, Code of Civil Procedure 105

Nexum 249

Nomos, meanings of 22

Noxal liability 159

Nudum pactum 246, 254, 273, 280


Oaths and vows 251

Obligation, civil 252
ex contractu 146, 172
ex delicto 146, 172, 174
ex uariis causarum figuris 16, 172
meaning of 147
moral basis of 250
natural 250, 252-253
nature of 145
oaths as basis of 251-252
quasi ex contractu 257
religious 244
will as basis of 250

Occupation 196, 211
as a legal transaction 213-214

Office or calling, duties attached to 173

Options 272, 274

Ownership, analytical theory of 222-224
development of the idea of 221-231
dogma that everything must be owned 199
things excluded from 199

Pacta donationis 272

Pacts 248, 250, 261, 275

Partition 226-227, 228

Part performance 282

Paul, St. 77

Peculium 227-228

Pecunia credita 249

Pedis possessio 222

Penal treatment, individualizing of 129-130

Penalty, for delict 149
of reparation 149

Personal government 135-136

Personality 191

Pessimism, juristic 57

Petty courts 130, 138

Philosophers, attempt to unify law and law making 19
attempt to reconcile authority with need of change 19
quest for an ultimate solving idea 19

Philosophical thinking, achievements of in law 16-18
as a force in administration of justice 16
needs determining as to law 18
possibilities of in law of contracts 284

Plato 24, 76

Pledge 251

Political interpretation 266

Positivism 54-56

Possession 233-234

Post-Glossators 37

Pothier

45

Primitive law 72-74
faith of in verbal formulas 154

Primogeniture 50

Principles 34, 53, 116

Procedure 111

Proculians 196

Promised advantages 191

Promises, abstract 255, 262, 263
an element in wealth 236
exchange of 254
"from ostentation" 256, 280, 281
moral duty to keep 262
philosophical theory of enforcing 283
simple